1.1.................... moves to amend S. F. No. 4091, the fourth engrossment, as amended, as
1.2follows:
1.3Page 9, after line 24, insert:

1.4

"Sec. 9. DEPARTMENT OF EDUCATION

$

-0-

$

161,743,000

1.5$161,743,000 in fiscal year 2023 is for
1.6purposes of reimbursement to educational
1.7institutions as provided under Minnesota
1.8Statutes, section 268.193. This is a onetime
1.9appropriation and is available until expended.
1.10This appropriation is subject to the
1.11requirements under Minnesota Statutes,
1.12section 268.193."
1.13Page 115, after line 16, insert:


1.17    Section 1. Minnesota Statutes 2020, section 126C.43, subdivision 2, is amended to read:
1.18    Subd. 2. Payment to unemployment insurance program trust fund by state and
1.19political subdivisions. (a) A district may levy the amount necessary (1) to pay the district's
1.20obligations under section 268.052, subdivision 1, and (2) to pay for job placement services
1.21offered to employees who may become eligible for benefits pursuant to section 268.085 for
1.22the fiscal year the levy is certified.
1.23(b) Districts with a balance remaining in their reserve for reemployment as of June 30,
1.242003, may not expend the reserved funds for future reemployment expenditures. Each year
2.1a levy reduction must be made to return these funds to taxpayers. The amount of the levy
2.2reduction must be equal to the lesser of: (1) the remaining reserved balance for reemployment,
2.3or (2) the amount of the district's current levy under paragraph (a).
2.4(c) The amount in paragraph (a) must be reduced by any amount received by the district
2.5from the account established under section 268.193.

2.6    Sec. 2. Minnesota Statutes 2020, section 268.085, subdivision 7, is amended to read:
2.7    Subd. 7. School employees; between terms denial. (a) Wage credits from employment
2.8with an educational institution or institutions may not be used for unemployment benefit
2.9purposes for any week during the period between two successive academic years or terms
2.10if:
2.11    (1) the applicant had employment for an educational institution or institutions in the
2.12prior academic year or term; and
2.13    (2) there is a reasonable assurance that the applicant will have employment for an
2.14educational institution or institutions in the following academic year or term.
2.15    This paragraph applies to a vacation period or holiday recess if the applicant was
2.16employed immediately before the vacation period or holiday recess, and there is a reasonable
2.17assurance that the applicant will be employed immediately following the vacation period
2.18or holiday recess. This paragraph also applies to the period between two regular but not
2.19successive terms if there is an agreement for that schedule between the applicant and the
2.20educational institution.
2.21    This paragraph does not apply if the subsequent employment is substantially less
2.22favorable than the employment of the prior academic year or term, or the employment prior
2.23to the vacation period or holiday recess.
2.24    (b) Paragraph (a) does not apply to:
2.25    (1) an applicant who, at the end of the prior academic year or term, had an agreement
2.26for a definite period of employment between academic years or terms in other than an
2.27instructional, research, or principal administrative capacity and the educational institution
2.28or institutions failed to provide that employment.; or
2.29    (2) an applicant in a position for which no license is required by the Professional Educator
2.30Licensing and Standards Board or the Board of School Administrators whose last employment
2.31was with an employer defined in section 123A.55 or 123A.24, subdivision 2.
3.1    (c) If unemployment benefits are denied to any applicant under paragraph (a) who was
3.2employed in the prior academic year or term in other than an instructional, research, or
3.3principal administrative capacity and who was not offered an opportunity to perform the
3.4employment in the following academic year or term, the applicant is entitled to retroactive
3.5unemployment benefits for each week during the period between academic years or terms
3.6that the applicant filed a timely continued request for unemployment benefits, but
3.7unemployment benefits were denied solely because of paragraph (a).
3.8    (d) This subdivision applies to employment with an educational service agency if the
3.9applicant performed the services at an educational institution or institutions. "Educational
3.10service agency" means a governmental entity established and operated for the purpose of
3.11providing services to one or more educational institutions.
3.12    (e) This subdivision applies to employment with Minnesota, a political subdivision, or
3.13a nonprofit organization, if the services are provided to or on behalf of an educational
3.14institution or institutions.
3.15    (f) Paragraph (a) applies beginning the Sunday of the week that there is a reasonable
3.16assurance of employment.
3.17    (g) Employment and a reasonable assurance with multiple education institutions must
3.18be aggregated for purposes of application of this subdivision.
3.19    (h) If all of the applicant's employment with any educational institution or institutions
3.20during the prior academic year or term consisted of on-call employment, and the applicant
3.21has a reasonable assurance of any on-call employment with any educational institution or
3.22institutions for the following academic year or term, it is not considered substantially less
3.23favorable employment.
3.24    (i) A "reasonable assurance" may be written, oral, implied, or established by custom or
3.25practice.
3.26    (j) An "educational institution" is a school, college, university, or other educational entity
3.27operated by Minnesota, a political subdivision or instrumentality thereof, or a nonprofit
3.28organization.
3.29    (k) An "instructional, research, or principal administrative capacity" does not include
3.30an educational assistant.

4.1    Sec. 3. Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:
4.2    Subdivision 1. Use of data. (a) Except as provided by this section, data gathered from
4.3any person under the administration of the Minnesota Unemployment Insurance Law are
4.4private data on individuals or nonpublic data not on individuals as defined in section 13.02,
4.5subdivisions 9 and 12, and may not be disclosed except according to a district court order
4.6or section 13.05. A subpoena is not considered a district court order. These data may be
4.7disseminated to and used by the following agencies without the consent of the subject of
4.8the data:
4.9    (1) state and federal agencies specifically authorized access to the data by state or federal
4.10law;
4.11    (2) any agency of any other state or any federal agency charged with the administration
4.12of an unemployment insurance program;
4.13    (3) any agency responsible for the maintenance of a system of public employment offices
4.14for the purpose of assisting individuals in obtaining employment;
4.15    (4) the public authority responsible for child support in Minnesota or any other state in
4.16accordance with section 256.978;
4.17    (5) human rights agencies within Minnesota that have enforcement powers;
4.18    (6) the Department of Revenue to the extent necessary for its duties under Minnesota
4.19laws;
4.20    (7) public and private agencies responsible for administering publicly financed assistance
4.21programs for the purpose of monitoring the eligibility of the program's recipients;
4.22    (8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
4.23Department of Commerce for uses consistent with the administration of their duties under
4.24Minnesota law;
4.25    (9) the Department of Human Services and the Office of Inspector General and its agents
4.26within the Department of Human Services, including county fraud investigators, for
4.27investigations related to recipient or provider fraud and employees of providers when the
4.28provider is suspected of committing public assistance fraud;
4.29    (10) local and state welfare agencies for monitoring the eligibility of the data subject
4.30for assistance programs, or for any employment or training program administered by those
4.31agencies, whether alone, in combination with another welfare agency, or in conjunction
4.32with the department or to monitor and evaluate the statewide Minnesota family investment
5.1program and other cash assistance programs, the Supplemental Nutrition Assistance Program,
5.2and the Supplemental Nutrition Assistance Program Employment and Training program by
5.3providing data on recipients and former recipients of Supplemental Nutrition Assistance
5.4Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
5.5care assistance under chapter 119B, or medical programs under chapter 256B or 256L or
5.6formerly codified under chapter 256D;
5.7    (11) local and state welfare agencies for the purpose of identifying employment, wages,
5.8and other information to assist in the collection of an overpayment debt in an assistance
5.9program;
5.10    (12) local, state, and federal law enforcement agencies for the purpose of ascertaining
5.11the last known address and employment location of an individual who is the subject of a
5.12criminal investigation;
5.13    (13) the United States Immigration and Customs Enforcement has access to data on
5.14specific individuals and specific employers provided the specific individual or specific
5.15employer is the subject of an investigation by that agency;
5.16    (14) the Department of Health for the purposes of epidemiologic investigations;
5.17    (15) the Department of Corrections for the purposes of case planning and internal research
5.18for preprobation, probation, and postprobation employment tracking of offenders sentenced
5.19to probation and preconfinement and postconfinement employment tracking of committed
5.20offenders;
5.21    (16) the state auditor to the extent necessary to conduct audits of job opportunity building
5.22zones as required under section 469.3201; and
5.23    (17) the Office of Higher Education for purposes of supporting program improvement,
5.24system evaluation, and research initiatives including the Statewide Longitudinal Education
5.25Data System.;
5.26(18) the Department of Education for the purposes of reimbursement under section
5.27268.193; and
5.28(19) the attorney general for the purpose of conducting an investigation pursuant to
5.29section 177.45 or 181.1721.
5.30    (b) Data on individuals and employers that are collected, maintained, or used by the
5.31department in an investigation under section 268.182 are confidential as to data on individuals
5.32and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
6.1and 13, and must not be disclosed except under statute or district court order or to a party
6.2named in a criminal proceeding, administrative or judicial, for preparation of a defense.
6.3    (c) Data gathered by the department in the administration of the Minnesota unemployment
6.4insurance program must not be made the subject or the basis for any suit in any civil
6.5proceedings, administrative or judicial, unless the action is initiated by the department.

6.6    Sec. 4. [268.193] SCHOOL REIMBURSEMENT ACCOUNT.
6.7    Subdivision 1. Definitions. For the purposes of this section only, the following terms
6.8have the meanings given:
6.9(1) "educational institution" means a:
6.10(i) school district;
6.11(ii) charter school; or
6.12(iii) school cooperative, as defined in section 123A.24, subdivision 2; and
6.13(2) "qualifying unemployment benefits" means unemployment benefits charged to an
6.14educational institution under section 268.047 for an applicant who is in a position for which
6.15no license is required by the Professional Educator Licensing and Standards Board or the
6.16Board of School Administrators, and whose last employment was with an employer defined
6.17in section 123A.55 or 123A.24, subdivision 2.
6.18    Subd. 2. School reimbursement account. (a) There is created in the special revenue
6.19fund an account to be known as the "school reimbursement account," that does not lapse
6.20nor revert to any other fund or account. This account consists of all money appropriated for
6.21the purposes of this section, unless otherwise appropriated by session law. Funds appropriated
6.22for the purposes of reimbursement under this section must be transferred to the school
6.23reimbursement account in the special revenue fund.
6.24(b) Money in the account is appropriated to the commissioner of education to reimburse
6.25educational institutions for payments of qualifying unemployment benefits as provided
6.26under subdivision 3.
6.27(c) The commissioner of education may spend up to one percent of the amount
6.28appropriated to the school reimbursement account for costs associated with administering
6.29and monitoring payments under this section.
6.30    Subd. 3. Reimbursement administered. (a) The commissioner of employment and
6.31economic development shall compute and certify the total qualifying unemployment benefit
6.32payments credited to the reimbursable account of an educational institution under section
7.1268.045 each calendar quarter, and share and transmit that certified amount to the
7.2commissioner of education for the purpose of reimbursement under this subdivision.
7.3(b) The commissioner of education shall issue payment of the reimbursement amounts
7.4certified under paragraph (a) to each educational institution on or before the last day of the
7.5month following the end of the next calendar quarter, as provided under this subdivision.
7.6(c) The commissioner of education shall use money deposited in the school
7.7reimbursement account to reimburse educational institutions for the qualifying unemployment
7.8benefits certified under this subdivision.
7.9(d) If the certified reimbursement amounts under this subdivision exceed the money
7.10available in the school reimbursement account, reimbursement amounts shall be dispersed
7.11to educational institutions on a pro rata basis.

7.12    Sec. 5. REPEALER.
7.13Minnesota Statutes 2020, section 268.085, subdivision 8, is repealed.

7.14    Sec. 6. EFFECTIVE DATE.
7.15Sections 1 to 5 are effective September 1, 2022."
7.16Renumber the sections in sequence and correct the internal references
7.17Amend the title accordingly